Complainant

Respondent

Parties

John  Smith

Lullymore Ecology Limited

Representatives

Self-represented

No attendance

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00077104-001

03/11/2025

The complainant submits that he was not paid a redundancy payment when his employment ended with the respondent.

The complainant gave testimony that he was employed as a Tree Surgeon with the respondent earning gross weekly wages of €872.85. He commenced employment on 31st January 2016. In October 2024 he was informed in writing that he was being placed on temporary lay-off from 21st October 2024. He said he was not provided with any further work and he has not received a statutory redundancy payment.

There was no appearance on behalf of the Respondent at the hearing. The notice of hearing was sent by registered post to the address of the respondent on the lay-off letter issued to the complainant.

The Law

The Redundancy Payments Acts, 1967 – 2022 (“the Acts”) sets out the general right to a redundancy payment.  Section 7(1) of the Acts provides:

“An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided— (a) he has been employed for the requisite period, and (b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date”.

Section 7(2) of the Acts provides:

“For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to—

(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or

(b) the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or

(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or

(d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or

(e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained . . . .”

Reckonable service under the Redundancy Act 1967 as amended is detailed at Schedule 3:

8. During, and only during, the 3-year period ending with the date of termination of employment, none of the absences shall be allowable as reckonable service-

(a)…..

(b)…..

(c) absence by reason of lay-off by the employer.

Finding

Based on the uncontested evidence of the complainant, I find the Complainant’s employment was terminated by reason of redundancy within the meaning of s. 7(2) of the Redundancy Payments Acts 1967 – 2022, and that the complainant is entitled to a redundancy payment as follows:

Employment start date: 31st January 2016.

Employment end date: 21st October 2024.

Gross weekly remuneration: €885.00 (this is capped at €600.00 per week)

This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

I allow this appeal.  Accordingly, I find the Complainant is entitled to a redundancy lump sum payment in accordance with the following-

Employment start date: 31st January 2016.

Employment end date: 21st October 2024.

Gross weekly remuneration: €872.85 (this is capped at €600.00 per week)

This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Redundancy